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Misconduct investigation didn't breach duty of care to employee

An employer's investigation and disciplinary process into an employee's alleged fraud did not breach her employment contract, nor its duty of care to her, a court has ruled in rejecting her psychological injury damages appeal.

The Victorian Supreme Court of Appeal accepted the employer didn't owe the employee a duty of care to provide her with a safe system of work when investigating her alleged misconduct.

The appeal bench acknowledged that while a case before the High Court is challenging this very issue, it wasn't satisfied, "as things presently stand", that it was necessary to depart from previous case law authority...

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